An order in violation of rules of educational bodies cannot be passed by a writ court in judicial review

Calcutta High Court: A Single Judge Bench comprising of Shampa Sarkar, J. dismissed a writ petition filed by a student of BA English (Honors), holding that it could not pass orders in violation of policies of educational bodies.

The petitioner was a student of BA English (Honors) Part I in the University of Calcutta. She appeared in Part I examination in which she failed. She applied for re-evaluation but the marks remained unchanged. Thereafter, she applied for production of her answer script to the Authority concerned; however, the same was not supplied to her. The petitioner sought an order from the High Court to be allowed to appear in Part II examination as a special case.

The High Court perused the record and found that the result of Part I exam was published in 2017. A copy of petitioner’s answer script was sought to be produced in January 2018. Thereafter, till May 2018, the petitioner did not take any step regarding inaction of the respondent. The High Court categorically observed that it cannot permit any candidate to sit in any examination if they are ineligible under the rules. Further, ‘the writ court sitting in judicial review, cannot pass any order in violation of the rules and policies of the educational bodies’. The examination rules stated that any candidate who had failed in Part I examination, will have to repeat the same exam. The petitioner did not have any vested right to appear in Part II examination. Moreover, the petitioner was sleeping over her right since January 2018. In such circumstances, the petition was dismissed. [Sangita Ganguly v. University of Calcutta, 2018 SCC OnLine Cal 2953, dated 23-5-2018]

Join the discussion

Your email address will not be published. Required fields are marked *